Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

SDLAWZIRG wrote: »

Hi
Can anyone out there please advise us on what to do next please?

Starting Page one and read the thread.

razorsedge

I love the dodgems...

Bumping for Newbies

leytondave

Having read numerous pages within this thread, my head is just a wee bit scrambled. So I am just posting to ensure I am correct in my next course of action.

QUICK BACKGROUND.

Initial letter to Thomson: I am writing regarding flight TOM895 on Wednesday 1ST June 2011, due to depart from Sharm El Sheikh(SSH) to Manchester (MAN) at the scheduled departure time of 22:30 HOURS. This flight was cancelled 4 HOURS before flying and I am seeking compensation under EC Regulation 261/2004 for this flight.
My scheduled flight length was 4100 kilometres and the delay to the destination of the alternative flight offered was 24 HOURS. I’m therefore seeking compensation of €600 per passenger in my party. The total is €1800 compensation for all passengers.

Reply: Standard letter stating cannot consider any claims more than two years old.

With that in mind and the impending Dawson v Thomson case in May 2014, should I:

With immediate effect submit a complaint to the CAA via the email link in the MSE, flight delay compensation article?

Or

Await the decision of the said case?

My beliefs are to submit a complaint to the CAA, despite the impending Dawson v Thomson case.

Thanks for your tolerance and replies.

Dave.

111KAB

PLEASE do not bother with the CAA - a waste of time and any approach can be detrimental to your claim. To get a 'result' you will have to commence court action either DIY or through a NWNF - read FAQ's on page one and this thread and you should get the picture. Whether you wait for Dawson/Huzar result is your call.

Vauban

leytondave wrote: »

Having read numerous pages within this thread, my head is just a wee bit scrambled. So I am just posting to ensure I am correct in my next course of action.

Dave,

The decision is yours really. On the CAA I would personally advise against involving them. They find in favour of the airlines the majority of times, even when the law suggests they shouldn't, and you thus risk hobbling your case if/when you need to take it to court.

Better instead to take legal action. Up to you whether you want to wait for the Dawson ruling on the 2 years point (and the Huzar ruling too, if your delay involves a technical defect). If both rulings go the "right" way, the airline may not even contest subsequent claims. Or you could start a claim straightaway - the airlines do sometimes still settle once you've done so (there's no reason to it, sometimes).

On balance, given the judgements are only a few months away, I'd probably be inclined now to hang on and see what the Court of Appeal says.

leytondave

Thankyou for your replies. I am glad I asked for some advice as my inclination was to contact the CAA first.

I was not aware of the Huzar case, so shall read in to this.

Again, thanks.

ian666

Hi
First time post so please accept my apology if I am doing it wrong.
I have just sent a letter to Thomson's requesting compensation for a delayed flight to Goa (9 hours). I have used a template I found on line for EC Regulation 261/2004. I was advised at check-in that the flight was delayed for technical reasons and this was confirmed by the flight crew at take-off.
Has anyone else on this forum had similar experience on this flight? I thought it may be better if we look to approach this together.

Thanks Ian

David_e

[QUOTE=ian666;64828203Has anyone else on this forum had similar experience on this flight? I thought it may be better if we look to approach this together.[/QUOTE]

I don't think there is any evidence that this is the case. Claims are brought by individual paasengers. Some airlines are reported to have paid out to some passengers and not others.

Maybe if there were a large enough group you could negotiate a discount with a no win no fee firm, if that's your preferred route.

ian666

Hi Dave

Just thought it a good idea to know who else may be pursuing Thomson's for compensation on this flight. More knowledge is better than none!

Ian

David_e

ian666 wrote: »

Just thought it a good idea to know who else may be pursuing Thomson's for compensation on this flight. More knowledge is better than none!

Of course. I was just trying to manage your expectations!